Lose a deposit on a Plasma TV

technofan

Hello everyone,

Here's a hypothetical....

A person buys a very expensive plasma from a high street HI-FI shop. The shop takes a 10% deposit and orders the product as there are non in any of their chain of stores so it has to come from the manufacturer. In the meantime the customer has a change of heart.

Does he lose his deposit - over £200, or not.

Not sure of the legal position on this so please help with the legal facts if you can. As an aside the order was done over the phone although the store is local to the buyer who has since been in the store to browse/chat about the TV
The deposit was placed over the phone and was done on Visa.

Thank you!

soolin

MSE is not the place for legal advice, you would need to visit CAB or a lwayer to get a proper response.

technofan

soolin wrote: »

MSE is not the place for legal advice, you would need to visit CAB or a lwayer to get a proper response.

Thanks soolin, but someone may have an idea, you may be correct but that is a very sweeping statement. Remember this is a 'hypothetical'. I am sure there are many knowledgeable folks on the MSE forums who may be able to cast some light.
Thank you anyway.

sporedude

Most deposits are non-refundable.

derrick

sporedude wrote: »

Most deposits are non-refundable.

This was "ordered" over the phone, so DSR are in play, and as long as the tv is not one of the following from this page, then the deposit will be refundable; -
Exceptions to the right to cancel
13. - (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts -

(a) for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer's agreement before the end of the cancellation period applicable under regulation 12;

(b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;

(c) for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

(e) for the supply of newspapers, periodicals or magazines; or

(f) for gaming, betting or lottery services.

bookworm1363

technofan wrote: »

As an aside the order was done over the phone although the store is local to the buyer who has since been in the store to browse/chat about the TV
The deposit was placed over the phone and was done on Visa.

Thank you!

That's not an aside, that's your get-out clause. As Derrick says, you are covered under the DSR and therefore are entitled to cancel the order at no cost to yourself. You only have a short period to cancel though so waste no time.

dmg24

soolin wrote: »

MSE is not the place for legal advice, you would need to visit CAB or a lwayer to get a proper response.

So why do we have a Consumer Rights board? I find your comment very odd, especially considering the issues that are often discussed on the Ebay board.

technofan

Thank you guys for all the constructive information. :T

As I said it was hypothetical but I like to get my facts right first and wondered if ordering over the phone meant I would be covered by distance selling regs. I intend to keep the TV but the salesman I spoke to was rude over a petty delivery charge, which almost led to a cancellation of my order. He insisted I would lose my deposit...I suspected differently. I have since put my toys back in my cot as I recognise I have a good deal and the gentleman concerned has apologised for the manner he adopted. It did get me thinking though, hence the question. I thought it would be useful for people on the MSE forum to know and thought the consumer rights section would be the correct place to post. Although the first answer I got was a surprise.....my first post too.

Thank you again everyone.:beer:

phlogeston

technofan wrote: »

Thank you guys for all the constructive information.
As I said it was hypothetical but I like to get my facts right first and wondered if ordering over the phone meant I would be covered by distance selling regs

DSR DOES NOT apply if original contact made at shop and then sale subsequently made over phone. Your post doesn't make it clear whether this is the case.

Contract rules will apply either way...

1) Have you got a contract - i.e. have they guaranteed to supply, or are they just trying to get the stock? If they are only trying to get the stock, they would probably want to claim no contract if they can't get hold of the item - it cuts both ways.

2) Deposit can only be kept if it is a TRUE reflection of any loss they have made.
If they haven't even got the stock, then there is NO LOSS, therefore no right to keep any deposit.

So as an ACADEMIC exercise, we don't have anywhere near enough information to give any full advice!

technofan

phlogeston wrote: »

DSR DOES NOT apply if original contact made at shop and then sale subsequently made over phone. Your post doesn't make it clear whether this is the case.]

Sorry if it was not clear but I read it as visiting the store after the order was placed over the phone...which was the case. Not that it matters as this was all just a fact gathering exercise. Thanks for the other information you have provided as it will be useful to other readers. This is what I said:

["As an aside the order was done over the phone although the store is local to the buyer who has since been in the store to browse/chat about the TV"]

.........Is it me or do some people not read and double check their posts to ensure they could not be perceived as being a little brash/harsh/rude to others?? I am new to the MSE Forum and have been a little taken back by a couple of the replies in this thread:o Bit embarrassed by the whole thing really.

Freddie_Snowbits

Just a note though.

If you do not usually supply consumers by distance means, but you agree to do so in response to a one-off request, the Regulations will not apply to you. However, if your business regularly handles 'one-off' requests and is organised so that it can deal with such requests (for example, there is a mail order facility), you will need to comply with the Regulations.

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/what-is-distance-selling